Topsail Beach City Zoning Code

ARTICLE III

- ADMINISTRATION AND PROCEDURES

Sec. 16-51. - General.

This article contains powers and duties, approval procedures, amendment procedures, and enforcement mechanisms. The following bodies and town staff have powers and responsibilities in administering this chapter, reviewing applications for development/subdivision, matters of quasi-judicial nature, or amendments under this chapter:

(1)

Board of commissioners.

(2)

Planning board.

(3)

Board of adjustment.

(4)

Zoning administrator.

(5)

CAMA local permit officer.

(Ord. No. 2019-001, 1-9-2019)

Sec. 16-52. - Board of commissioners.

(a)

Powers and duties. The town board of commissioners has the following responsibilities in relation to this chapter:

(1)

Hear and decide applications for amendments to the text, schedules, and map portions of this chapter.

(2)

Hear and decide applications for special use permits, as specified in this chapter.

(3)

Establish rules of procedure for the conduct of hearings and other proceedings before the board of commissioners.

(4)

Make the necessary appointments to the planning board and board of adjustment.

(5)

Provide by appropriation, funds for the administration of this chapter.

(6)

Such other actions as are, or may be, authorized by G.S. ch. 160D.

(7)

No member shall vote on any legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

Sec. 16-53. - Planning board.

(a)

Powers and duties.

(1)

To acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions.

(2)

To prepare and, from time to time, amend and revise a comprehensive and coordinated plan for the physical development of the area.

(3)

To establish principles and policies for guiding action in the development of the area.

(4)

To prepare and recommend to the board of commissioners ordinances promoting orderly development along the lines indicated in the comprehensive plan.

(5)

To determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan.

(6)

To keep the board of commissioners and the general public informed and advised as to these matters.

(7)

To perform any duties which may lawfully be assigned to it.

(8)

Attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation. The planning board member must request any travel and instructional expenses to the town manager prior to attending any meetings and must submit a travel voucher for any funds expended to attend such meetings.

(9)

Seek the establishment of an unofficial advisory council and may cooperate with this council to the end that its investigations and plans may receive fullest consideration, but the planning board may not delegate to such advisory council any of its official prerogatives. The planning board may set up special committees to assist it in the study of specific questions and problems.

(10)

Review with the town manager and other town officials and report as recommendations to the board of commissioners upon the extent, location, and design of all public structures and facilities, on the acquisition and disposal of public properties, and on the establishment of building lines, mapped street lines, and proposals to change existing street lines. However, in the absence of a recommendation from the planning board, the board of commissioners may, if it deems wise, after the expiration of 30 days from the date on which the question has been submitted in writing to the planning board for review and recommendation, or 30 days prior to any deadline stipulated by the board of commissioners, take final action.

(11)

No member shall vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A planning board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(b)

Membership, vacancies, and meetings.

(1)

The planning board shall consist of five members who shall be persons of experience and qualified to render planning assistance to the town, and three of whom shall be permanent residents and two of whom may be nonresident property owners. At the time of their appointment and during the continuance of their appointive term, members shall hold no other official government position.

(2)

The citizen members shall be appointed by the board of commissioners to hold office for staggered terms. Thereafter, members shall be appointed for a term of three years. All members of the planning board shall serve as such without compensation. Members may be removed by the board of commissioners for inefficiency, neglect of duty, malfeasance in office, or conduct, which in the discretion of the board of commissioners is detrimental to the best interest of the town.

(3)

Within 30 days after appointment, the planning board shall meet and elect a chairperson, vice chairperson, and fill any other such offices as it may determine are necessary. The term of the chairperson and other officers shall be one year, with eligibility for re-election. The planning board shall adopt rules for transaction of its business and shall keep a record of its members' attendance and of its resolutions, discussions, findings, and recommendations, which record shall be a public record maintained in the office of the town hall. The planning board shall schedule at least one meeting monthly, any day other than Sunday, and all of its meetings shall be open to the public. There shall be a quorum of three members for the purpose of taking any official action required by this chapter.

(c)

Basic studies.

(1)

As background for its comprehensive plan and any ordinances it may prepare, the planning board may gather maps and aerial photographs of manmade and natural physical features of the area, statistics on past trends and present conditions with respect to population, property values, the economic base of the community, land use, and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the area and its various parts.

(2)

In addition, the planning board may make, cause to be made, or obtain special studies on the location, condition, and adequacy of specific facilities, which may include, but are not limited to studies of housing; commercial and industrial facilities; parks, playgrounds, and recreational facilities; public and private utilities; and traffic, transportation, and parking facilities.

(3)

All town officials shall, upon request, furnish to the planning board such available records or information as it may require in its work. The planning board or its agents may, in the performance of its official duties, enter upon lands and make examinations or surveys and maintain necessary monuments thereon.

(d)

Comprehensive plan.

(1)

The comprehensive plan, with the accompanying maps, plats, charts, and descriptive matter, shall be and show the planning board's recommendations to the board of commissioners for the development of the territory including, among other things:

The general location, character, and extent of streets, bridges, boulevards, playgrounds, squares, parks, and other public ways, grounds and open spaces.

The general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes.

The removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the roadways, buildings, grounds, open spaces, property utilities, or terminals which are set forth in subsections a. and b. of this section.

The most desirable pattern of land use within the area.

(2)

The plan and any ordinances or other measures to effectuate it shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the town and its environs which will, in accordance with present and future needs, best promote health, safety, and the general welfare, as well as efficiency and economy in the process of development, including among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and adequate provision of public utilities, services, and other public requirements.

(e)

Zoning and subdivision regulations.

(1)

The planning board may initiate, from time to time, proposals for amendment of zoning regulations, based upon its studies and comprehensive plan. In addition, the planning board shall review and make recommendations and statements of consistency to the board of commissioners concerning all proposed amendments to the zoning regulations in this chapter.

(2)

The planning board shall review, from time to time, the need for regulations for the control of land subdivision in the area and submit to the board of commissioners its recommendations, if any, for adoption or revision of such regulations.

(3)

In accordance with such regulations, the planning board shall review and make recommendations to the board of commissioners concerning all proposed plats of land for major subdivisions.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021; Ord. No. 2022-001, 2-9-2022)

Sec. 16-54. - Board of adjustment.

(a)

Powers and duties. The board of adjustment is established to conduct hearings in a quasi-judicial manner as provided in this chapter in the course of the following:

(1)

Deciding whether variances from the requirements of this chapter should be granted. Nothing in this chapter shall be construed to authorize the board of adjustment or other approval body to permit a use in a district where that use is neither a permitted use nor special use.

(2)

Hear, review, and decide appeals from and review any order, requirement, final decision of this chapter, or determination made by the zoning administrator in the performance of official duties.

(3)

Pass upon, decide, or determine such other matters as may be required by this chapter.

(b)

Membership, vacancies, and meetings.

(1)

There is hereby created and established a board of adjustment (BOA) which shall consist of five members who shall be residents of the town. The members shall be appointed by the board of commissioners for a regular term of office of three years. BOA members whose terms of office have expired may be reappointed to serve consecutive terms. In appointing members to fill vacancies, the board of commissioners shall appoint persons to serve the remaining terms of office rather than a full three years.

(2)

There shall be two alternate members to serve on the BOA in the absence for any cause of any regular member. Alternate members shall also be residents of the town and shall be appointed by the board of commissioners. The terms of office of alternate members shall also be for three years. Alternate members shall have and may exercise all the powers and duties of a regular member while attending any regular or special meeting of the board of adjustment. The members of the BOA shall receive no compensation for their services.

(3)

No more than one regular member and one alternate member of the BOA shall be permitted to sit concurrently on the planning board or on the board of commissioners.

(4)

The board of adjustment shall elect a chairperson and a vice-chairperson from its membership and such other officers as the BOA deems best.

(5)

Meetings. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the majority of the BOA may determine. All meetings of the board of adjustment shall be open to the public. The BOA shall keep minutes of its procedures, showing the vote of each member upon each question, or, if absent or failing to vote, an indication of such fact; and final disposition of appeals shall be taken, all of which shall be of public record.

(6)

No final action shall be taken on a variance without the concurring vote of four-fifths of the members of the BOA. A simple majority vote of those BOA members present shall be sufficient to conduct other business before the BOA.

(7)

A quorum of the board of adjustment, necessary to conduct any business of the BOA, shall consist of three members.

(8)

Conflict of interest. Pursuant to G.S. 160D-109(d), a member of the board of adjustment or any other body exercising the functions of board of adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible conflicts include but are not limited to a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation, and that member does not recuse himself, the remaining members shall by majority vote rule on the objection.

(9)

Procedures for hearings. All hearings before the board of adjustment are quasi-judicial proceedings and are as far as practicable to be conducted in accord with the quasi-judicial hearing procedural guidelines on file with the town clerk in town hall.

(10)

Administration of oaths. The chairperson or any member temporarily acting as chairperson is authorized to administer oaths to witnesses in any matter coming before the board. All testimony before the board must be under oath and recorded.

(11)

Other procedures. Should G.S. ch. 160A, art. 4, mandate any procedures inconsistent with, or contrary to procedures herein, then the state statutory procedures shall apply.

(12)

Notice of quasi-judicial hearing. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way.

(c)

Quasi-judicial decisions and judicial review.

(1)

The board of adjustment shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the BOA's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chairperson or other duly authorized member of the BOA. A quasi-judicial decision is effective upon filing the written decision with the clerk to the BOA. The decision of the board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.

(2)

Every quasi-judicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160D-1402. A petition for review shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance with section (1) of this subsection. When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.

(3)

Any failure to follow a particular procedure in the town's quasi-judicial hearing procedural guidelines shall not in and of itself and standing alone be the basis for error in any judicial review of a final decision by the board of adjustment.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

Sec. 16-55. - Zoning administrator.

(a)

Powers and duties. The duty of the zoning administrator is to assure enforcement of the provisions of this land development code. The zoning administrator is empowered to do those things set forth in this chapter and other ordinances as specified, and shall also have the right to enter upon the premises at any time necessary to carry out his/her duties at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured. It is the intention of this chapter that all questions arising in connection with enforcement and interpretation shall be presented first to the zoning administrator. Appeal from the zoning administrator's decision shall be to the board of adjustment. In administering the provisions of this chapter, the zoning administrator shall:

(1)

Make and maintain records of all applications for land development permits and requests, and records of all permits issued or denied, with notations of all special conditions or modifications involved.

(2)

Make interpretations of this chapter as requested.

(3)

File and safely keep copies of all plans submitted, and the same shall form a part of the records of his or her office and shall be available for inspection at reasonable times by any interested party.

(4)

Transmit to the appropriate board or commission and the board of commissioners all applications and plans for which their review and approval is required.

(5)

Conduct inspections of premises and, upon finding that any of the provisions of this chapter is being violated, notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.

(6)

Except as otherwise provided by law, the zoning administrator shall administer, review and enforce the town's land development ordinances and all approvals issued under the same.

(7)

Except to the extent otherwise expressly limited by law, the zoning administrator shall have the power to summarily remove, abate, or remedy all applicable violations.

(8)

Except as may be otherwise provided by law, the zoning administrator shall have the power and duty to implement policies and procedures appropriate to accomplishing the purposes and provisions of this chapter and approvals, and taking actions authorized in this chapter.

(9)

Employ any, all, or any combination of enforcement mechanisms and remedies available in this chapter, and as otherwise provided by law.

(10)

In addition to powers and duties of the official enumerated herein, the zoning administrator shall have all those powers set forth in other provisions of this chapter, in other applicable land development ordinances and in G.S. ch. 160D.

(11)

The enumeration of powers and duties of the zoning administrator herein do not limit or restrict the powers and duties of the zoning administrator as may be provided elsewhere in this chapter or other land development ordinances.

(12)

No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the town to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the town, as determined by the board of commissioners.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

Sec. 16-56. - CAMA local permit officer.

(a)

Powers and duties.

(1)

Generally. The town may appoint a CAMA local permit officer.

(2)

Qualifications. The permit officer shall have at least a high school diploma or equivalent and considerable experience with construction in a coastal area. Within one year after appointment to the position, the permit officer shall successfully complete the training course offered by the state division of coastal management.

(3)

Appointment. The person or agency designated by the board of commissioners shall serve as the permit officer subject to the terms of his or her regular employment and duties.

(4)

General duties. The town-appointed CAMA local permit officer shall:

Administer and enforce, in an AEC duly designated by the coastal resources commission (CRC), the provisions of the CAMA, the minor development permit issuing process as herein established, all applicable town ordinances, and all other guidelines and standards established by the CRC and the board of commissioners pursuant to the CAMA. The CAMA local permit officer shall be available in an advisory capacity for the purpose of facilitating efficient disposition of CAMA major permit applications. The CAMA local permit officer shall assist in identifying and assessing projects of greater than local concern. The CAMA local permit officer shall also be responsible for implementing any procedures recommended by the board of commissioners for the purpose of coordinating the CAMA minor development permits with other permits required by the town ordinances and by county government. Such permits and approvals include, but are not limited to building permits, electric permits, plumbing permits, liquid waste disposal permits, zoning certificates, and subdivision preliminary plat approvals.

Hold regular office hours in the town. The CAMA local permit officer shall be accessible to the extent practical to town property owners seeking minor development permits during the normal work week. The CAMA local permit officer shall have office space in the town hall.

Immediately notify the town manager and town attorney of any suit filed or intended to be filed against the town because of minor development permit disposition or other functions of the CAMA management program.

Inform the town manager and consult with the town attorney when he or she intends to initiate any suit arising out of the CAMA management program. The initiation of any suit requires prior board of commissioners approval.

Use his or her knowledge and the knowledge of the CAMA program and shall consult with other permit letting agencies to assess the regional or national impact of certain projects and to so inform the planning board, board of commissioners, and the coastal resources commission.

(Ord. No. 2019-001, 1-9-2019)

Sec. 16-57. - Common review procedures.

(a)

Complete applications. All applications for any approval required by this chapter must be complete. Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement. Applicants who submit incomplete applications will receive a written notice stating the information needed to complete the application and a date by which the information must be submitted to maintain the review schedule. No application for any provision of this chapter will be considered complete until all fees required by the town's fee schedule have been paid in full.

Upon receipt of an application, the zoning administrator shall determine if the application is complete. A complete application is one that:

(1)

Contains all information and materials established by the zoning administrator and/or the requirements of this chapter as required for submittal of the particular type of application.

(2)

Is in the form established by the zoning administrator as required for submittal of the particular type of application.

(3)

Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive standards of this chapter.

(4)

Is accompanied by the fee established for the particular type of application.

(5)

Is signed by the property owner, a designated owner's agent, or a contract purchaser of a property with authorization of the property owner. Written proof of authority must be submitted with every application.

(b)

Zoning permit.

(1)

Required. A zoning permit shall be required for changes of use, construction, or enlargement of any of the following: all new principal and accessory structures; enlargements of existing structures; construction/installation of fences/walls, piers, docks, decks, stairs, signs, and driveways; and/or any activity which proposes to increase the amount of impervious square footage on a lot. No building permit shall be issued for any activity in a zoned area until such zoning permit is presented. It shall be unlawful to commence site preparation or excavation for the construction of any building or other structure including accessory structures or to commence the moving, alteration or repair of any structure or the use of any land or building including accessory structures, or the paving or other installation or construction of a hardened surface upon the site, until the zoning administrator has issued a zoning permit for such work or use including a statement that the plans, specifications and intended use of such land, or structure, in all respects conforms with the provisions of this chapter. Application for a zoning permit shall be made in writing to the zoning administrator on forms provided for that purpose.

(2)

Expiration. Zoning permits shall be void after 12 months from date of issue unless substantial progress on the project has been made by that time.

Approval of plans. It shall be unlawful for the zoning administrator to approve any plans or issue a zoning permit for any purpose regulated by this chapter until he or she has inspected such plans as required and found them in conformity with this chapter. To this end, the zoning administrator shall require that every application for a zoning permit be accompanied by the applicable approved plot plan, major site plan, special use permit site plan, or any other plan as required by this chapter.

(3)

Issuance and approval of zoning permit. If the proposed activity set forth in the application is in conformity with the provisions of this chapter and any applicable approved plans, the zoning administrator shall issue a zoning permit in writing. If any application for a zoning permit is not approved, the zoning administrator shall state in writing on the application the cause for such disapproval. Issuance of a permit shall, in no case, be construed as waiving any provision of this or any other ordinance or regulation.

(4)

Nothing in this section precludes, supersedes, replaces or limits the requirements for other permits provided for elsewhere in the chapter, including other permits specified herein.

(c)

Building permit.

(1)

Unless exempted in accordance with the state building code or G.S. 160D-1110, before commencing the construction, erection, repair, alteration, addition to, or moving of any building or structure or part thereof, or before commencing any excavation for such building or structure, or any form of activity pertaining to buildings and building regulations, a building permit for the same shall be obtained from the applicable building inspector with responsibility over building code and related matters. Compliance with all applicable provisions of chapter 6: buildings and building regulations shall be required prior to the issuance of a building permit.

(2)

Before commencing the removal or demolition of any building or structure or part thereof, a building permit authorizing said removal or demolition shall be obtained from the building inspector.

(3)

In order to obtain a building permit for a new structure, or to expand the heated living space of an existing structure, a current certificate of septic capacity issued or approved by county environmental health must be presented to the building inspector.

(d)

CAMA minor permit.

(1)

Application. An application for a minor development permit with the currently established fee shall be submitted to the town if a designated CAMA local permit officer has been appointed. If a CAMA local permit officer is not employed with the town, then such application must be filed with the Wilmington district office of the state division of coastal management through the designated division of coastal management field representative. The designated field representative will issue the permit in accordance with the following in the absence of a CAMA local permit officer.

(2)

CAMA minor permits are required for development proposed in affected areas that occupy less than 20 acres and less than 60,000 square feet of structure. Single-family homes, docks, shoreline armoring, and similar forms of development are the most common type of development required to obtain a CAMA minor permit. CAMA general and major permits are decided by the coastal resources commission (CRC) and state division of coastal management, not the town.

(3)

Return of application. The CAMA local permit officer shall return applications that are, after acceptance, found to be incomplete, insufficient or unauthorized within a reasonable time.

(4)

Disposition. Disposition of the application must take place within 25 days of receipt of a complete application unless the permit officer gives written notice by registered mail of one additional 25-day extension as necessary for proper evaluation of the application.

(5)

Permit issuance. The CAMA minor permit shall be issued if the application complies with all applicable standards for development in an AEC found in the North Carolina Administrative Code (Sections 15A NCAC 7H .0208-310 or .0405-6), G.S. 113A-120(a)(1)—(a)(10), applicable land use plan policy guidance, and any applicable local development regulations.

(6)

Conditions of approval. The issuance of a minor development permit may be conditioned upon the acceptance by the applicant of certain reasonable conditions as set out by the CAMA local permit officer to ensure compliance with the CRC's regulations and protect resources. The applicant must sign the conditioned approval as an acceptance of the amendments of the proposed project plans in a manner consistent with the conditions set out by the CAMA local permit officer before the permit shall become effective.

(7)

Passive grant. Failure of the permit officer to approve or deny a properly completed and accepted application, or to give notice of an extension beyond the initial 25-day disposition period, except as set out in subsection (4) of this section, shall result in the permit being deemed approved.

(e)

Certificate of occupancy.

(1)

No new building or part thereof shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of use shall be made in any existing building or part thereof, until the building inspector has issued a certificate of occupancy therefor.

(2)

A temporary certificate of occupancy may be issued for a stated period of time as determined by the zoning administrator for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses.

(3)

The certificate of occupancy shall be issued by the building inspector after all final inspections have been made.

(4)

In the case of existing buildings or other uses not requiring a building permit, after supplying the information and data necessary to determine compliance with this chapter and appropriate regulatory codes of the town for the occupancy intended, the zoning administrator shall issue a zoning permit and the building inspector shall issue a certificate of occupancy when, after examination and inspection, it is found that the building or use in all respects conforms to the provisions of this article and appropriate regulatory codes of the town for the occupancy intended.

(5)

A certificate of occupancy may be withheld pending the zoning administrator determination of compliance with any other requirements of this chapter.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

Sec. 16-58. - Specific review procedures.

(a)

Plot plan.

(1)

Purpose. Plot plan review is intended to ensure that the layout and general design of low-intensity development is compatible with all applicable standards in this chapter and all other applicable town regulations.

(2)

Applicability. The following development types must submit a plot plan as specified in this chapter:

Proposals for single-family residential uses, duplexes, and attached residential units consisting of three or fewer dwelling units or for renovation/rehabilitation projects that will modify an existing structure's footprint. A plot plan is not required for changes of use whereby no increase in impervious square footage or an enlargement in an existing structure's footprint is proposed.

Nonresidential development projects whereby less than 10,000 square feet of impervious surfaces are proposed.

Accessory structures.

(3)

Application materials and submittal. One digital copy and three hard copies of the plot plan shall be submitted with all such applications. Plot plans shall be submitted for review along with the typical building permit application, when required. When a building permit is not required, a copy of the plan should be submitted directly to the zoning administrator for review and approval. Plot plans shall be prepared and sealed by a licensed land surveyor, landscape architect, or engineer, registered to practice in the state.

Accessory structures less than 150 square feet and construction/installation of fences/walls, piers, docks, decks, stairs, signs, and driveways do not require a plot plan to be prepared by a land surveyor or engineer.

(4)

The following shall be shown/labeled on the plot plan:

North arrow, scale, and date of survey to be not more than 180 calendar days prior to submission.

The names and addresses of the owner(s), tax parcel identification numbers and existing land uses of all adjoining properties.

A boundary survey and vicinity map showing the total acreage and current zoning classification of the property, the zoning classification of adjacent properties, and the general location of the property in relation to major streets.

Approximate location of existing and proposed buildings, structures, piers, docks, walkways, sidewalks, impervious surfaces, streets, and access points to the public road system.

Approximate dimensions, including height of proposed buildings.

Easements—Identify their location, widths, their purpose and if they are public or private.

Label the front, side, and rear minimum building (setbacks) lines.

Show any/all existing or proposed septic tanks, pipes, and drain fields and repair areas. Although not required, it is recommended that the location of any/all existing utilities be identified even when no adjustments are proposed.

Show any/all existing or proposed storm drainage systems sufficient to capture, collect, and infiltrate runoff on site from all impervious surfaces for a storm event equaling a rainfall depth of one and one-half inches. Such plans shall be signed and sealed by a state registered professional engineer in accordance with chapter 6: building and building regulations.

If located within the maritime forest overlay district, the location of all vegetation greater than three inches in diameter at breast height.

Off-street parking accommodations.

All applicable requirements as outlined in chapter 6: building and building regulation.

All applicable requirements as outlined in the plot plan procedures in chapter 14: flood damage prevention.

If a pool is being proposed, identify the required fencing and add a statement that the pool and associated requirements for draining, covering, and/or fence latching requirements will be completed in accordance with any/all local, state or federal laws; and any other information needed to ensure compliance/adequately review the proposal.

(5)

Plot plan review procedure.

Within 30 working days of receipt of a complete application for a plot plan, the zoning administrator or his/her designee shall review the plans and make a determination to approve or disapprove plans based on this chapter and other applicable land development ordinances.

If it is determined that more information is needed or that a significant number of changes must be made before the plan can be approved, the applicant shall make the necessary changes; and re-submit the plans. All re-submissions shall contain a list of the changes made. A new 30-day review period may begin on the date of the re-submission of required information.

If plan approval is denied, the reasons for this action shall be communicated to the applicant in writing. A revised plan may then be submitted in the manner of a new application.

Plot plan approval expires six months from the date of approval.

Zoning permits may be issued once the plot plan is approved.

(6)

Compliance.

In the event of failure to comply with an approved plot plan or condition related thereto, the plan shall immediately become void and of no effect, no further permits for construction or compliance shall be issued and existing permits may be suspended or revoked by the zoning administrator.

(b)

Major site plan.

(1)

Purpose. A major site plan is intended for more intense development proposals requiring greater discretion of the town.

(2)

Applicability. The following development types must submit a major site plan as specified in this chapter:

Residential development of four or more dwelling units on a lot.

Nonresidential development whereby 10,000 square feet or more of impervious surfaces are proposed.

All other development not subject to plot plan approval.

(3)

Pre-application meetings. Applicants may request a pre-application meeting with the zoning administrator prior to submission of an application to discuss procedural and substantive matters related to the proposed application.

(4)

Application materials and submittal. One digital copy and three hard copies of the major site plan shall be submitted with all such applications. Where an application is made by an agent other than an attorney, the application shall include a written agreement signed by all property owners designating the agent as the owner's representative with binding authority.

(5)

The major site plan shall be prepared by and sealed by a licensed land surveyor, landscape architect, or engineer, registered to practice in the state, at a scale no smaller than one inch = 100 feet and shall include the following:

North arrow, scale, and date of survey to be not more than 180 calendar days prior to submission.

The names and addresses of the owner(s), tax parcel identification numbers and existing land uses of all adjoining properties.

Approximate location of existing and proposed buildings, structures, piers, docks, walkways, sidewalks, impervious surfaces, streets, and access points to the public road system.

Approximate dimensions, including height of proposed buildings.

Easements—Identify their location, widths, their purpose and if they are public or private.

Label the front, side, and rear minimum building (setbacks) lines.

Show any/all existing or proposed septic tanks, pipes, and drain fields and repair areas.

Proposed use of all land and structures, including the maximum number of residential units and the total square footage of any nonresidential development.

All yards, buffers, screening, and landscaping proposed by the developer or required by ordinance.

Proposed phasing, if any, and approximate completion time for each phase of the project.

Existing and proposed topography at two foot contour intervals.

Approximate location of all existing and proposed utilities (if applicable), including fire hydrants, and infrastructure on the site.

The location of all vegetation greater than three inches in diameter at breast height.

Off street parking, loading and unloading, access to existing streets.

All applicable requirements as outlined in chapter 6: building and building regulation.

All applicable requirements as outlined in the plot plan procedures in chapter 14: flood damage prevention.

(6)

In the course of evaluating the proposed major site plan, the zoning administrator may request additional information from the applicant. A request for such additional information shall stay until a date certain established by the zoning administrator any further consideration of the application. This information may include (but not be limited to) the following:

Approved state stormwater permit.

Proposed sign types and locations.

Scale of buildings relative to abutting property.

Exterior features of proposed development.

Description and copies of proposed deed restrictions to be placed on the property.

Any other information reasonably needed to consider the application in reference to these regulations.

(7)

Major site plan review procedure.

The zoning administrator or his/her designee will review the major site plan and may require a technical review procedure. The technical review committee may include, but not necessarily be limited to, the following individuals/departments: zoning administrator, building inspector, town manager, fire department, police department, state division of coastal management, state department of environmental quality, county utilities, or county environmental health.

If the zoning administrator determines that more information is needed or that a significant number of changes must be made before the plan can be approved, the applicant shall make the necessary changes; and re-submit the plans. All re-submissions shall contain a list of the changes made. A new 30-day review period may begin on the date of the re-submission of required information.

Upon determination that a major site plan application is complete, within 30 working days of the submittal date, the zoning administrator and the technical review committee (if applicable) shall review the plans and make a recommendation to the planning board as to compliance with this chapter. The major site plan will be placed on the agenda of the next regularly scheduled planning board meeting following 30 working days of submittal of a complete application for a major site plan.

The planning board shall review the major site plan and written recommendations of the zoning administrator and the technical review committee (if applicable) prior to approving, denying, or conditionally approving the site plan. If the site plan submitted otherwise meets all of the standards of this chapter, the planning board shall approve such.

If plan approval is denied, the reasons for this action shall be communicated to the applicant in writing. A revised plan may then be submitted in the manner of a new application.

Major site plan approval expires 24 months from the date of approval.

Zoning permits may be issued once the site plan is approved.

(8)

Compliance. In the event of failure to comply with an approved major site plan or condition related thereto, the plan shall immediately become void and of no effect, no further permits for construction or compliance shall be issued and existing permits may be suspended or revoked by the zoning administrator.

(c)

Special use permit.

(1)

Purpose. The development and execution of this chapter is based on the division of the town into districts within which the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are some land uses which are basically in keeping with the intent and purposes of the district where permitted, but which may have an impact on the area around them which can only be determined by review of the specific proposal. These uses may be established, under certain conditions and with proper controls, in such a manner as to minimize any adverse effects. In order to ensure that these uses, in their proposed locations, would be compatible with surrounding development and in keeping with the purposes of the district in which they are located, their establishment shall not be as a matter of right, but only after review and approval of a special use permit as provided in this chapter.

(2)

Applicability. All uses classified as "special" in the table of uses (section 16-86).

(3)

Application materials and submittal. One digital copy and three hard copies of the special use permit site plan shall be submitted with all such applications. Where an application is made by an agent other than an attorney, the application shall include a written agreement signed by all property owners designating the agent as the owner's representative with binding authority.

(4)

The special use permit site plan shall be prepared by a licensed land surveyor or engineer, registered to practice in the state, at a scale no smaller than one inch = 100 feet and shall include all applicable requirements of a major site plan as provided in subsections 16-58(b)(5) and 16-58(b)(6) in addition to an operations plan stating the method by which the undisturbed portion of the site shall be maintained and preserved in that state; this plan may include such items, without the intent to limit the inclusions, as bonds, as forms of common ownership, maintenance preservation easements, mandatory homeowners' association, etc.

(5)

Other requirements. The applicant shall provide to the zoning administrator a list of all names and addresses of all abutting property owners along with one set of envelopes stamped and with typed addresses to each person on the list to be sent certified mail, return receipt requested.

(6)

Notice of quasi-judicial hearing. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way.

(7)

Hearings conducted pursuant to this section shall follow the town's quasi-judicial hearing procedural guidelines. Any failure to follow a particular procedure in the quasi-judicial hearing procedural guidelines shall not in and of itself and standing alone be the basis for error in any judicial review of a final decision by the board of commissioners.

(8)

Special use permit site plan review procedure.

The zoning administrator or his/her designee will review the special use permit site plan and may require a technical review procedure. The technical review committee may include, but not necessarily be limited to, the following individuals/departments: zoning administrator, building inspector, town manager, fire department, police department, state division of coastal management, state department of environmental quality, county utilities, or county environmental health.

Upon determination that a special use permit site plan application is complete, the zoning administrator and the technical review committee (if applicable) shall review the plans and make a recommendation to the planning board as to compliance with this chapter. Within 90 days of the transmittal of a properly completed application to the planning board at an official meeting, the planning board shall transmit to the board of commissioners a recommendation for the disapproval, approval, or approval with conditions of the application.

Prior to making its recommendation, the planning board may consult with officials of the town, the county, the state and the United States, citizens, the applicant or its agents, and others who may possess knowledge, experience or information to aid in its deliberations. No hearing is required.

The board of commissioners, after receipt of the planning board recommendation or upon expiration of the 90-day period as specified herein, whichever first occurs, shall cause a date for the quasi-judicial hearing on the application to be set. Notice of the hearing shall be as provided in this section.

After the completion of the quasi-judicial hearing, the board of commissioners shall take action upon the application for approval of a special use. In reaching a decision, the board of commissioners may consider the recommendation of the planning board provided that no part of the recommendation may be used as a basis for the final decision, the evidence presented at the hearing, and the specified requirements attached to each special use.

The decision of the board of commissioners shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective, by the town clerk. Notice shall also be given to the zoning administrator and building inspector who shall, in the case of approval or approval with attached conditions, issue the necessary permits in accordance with the board of commissioner's action subject to all applicable provisions of this chapter.

The board of commissioners shall approve, modify, or deny the application for a special use permit. In approving a special use permit the board of commissioners, with due regard to the nature and state of all adjacent structures and uses in the district within which the same is located, shall make written findings that the following are fulfilled:

The use requested is listed among the special uses in the district for which application is made.

The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor adversely affect the safety, health, or welfare of the community or of the immediate neighbors of the property.

The requested use is essential or desirable to the public convenience or welfare.

The requested use will be in conformity with the land use plan.

Adequate utilities, access roads, drainage, sanitation or other necessary facilities have been or are being provided.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize the traffic congestion in the public streets.

The special use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located.

(9)

Conditions and guarantees. Prior to the granting of any special use, the board of commissioners may stipulate such conditions and restrictions upon the establishment, location or construction, maintenance and operation of the special use as it deems necessary for the protection of the public and to secure compliance with the standards and requirements specified in this chapter. In all cases in which special uses are granted, the board of commissioners shall require such evidence and guarantees as it may deem necessary to assure that the conditions stipulated in connection therewith are being and will be complied with. Conditions and safeguards imposed under this subsection shall not include requirements for which the town does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the town, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land. Such conditions and guarantee shall be consented to in writing by the applicant and may include the following:

A time limitation.

Conditions may be imposed which require that one or more things be done before the use requested can be initiated. For example, "that a solid board fence be erected around the site to a height of six feet before the use requested is initiated."

Conditions of a continuing nature may be imposed. For example: "exterior loudspeakers shall not be used between the hours of 10:00 p.m. and 9:00 a.m."

Any conditions imposed on a special use authorized and exercised shall be perpetually binding upon the property unless expressly limited by the special use permit or subsequently changed or amended in accordance with the requirements of a major change to a special use permit.

(10)

Expiration. In a case where a special use permit has not been exercised within the time limit set by the board of commissioners or within 12 months if no specific time limit has been set, then without further action, the special use permit shall be null and void. The term "exercised," as set forth in this subsection, means that binding contracts for the construction of the main building have been let; or in the absence of contracts that the main building is under construction to a substantial degree; or that prerequisite conditions involving substantial investment are contracted for, in substantial development, or completed (sewerage, drainage, etc.). When construction is not a part of the use, the term "exercised" means that the use is in operation in compliance with the conditions set forth in the permit.

(11)

Compliance.

The zoning administrator shall ensure compliance with plans approved by the board of commissioners and with any other conditions imposed upon the special use permit.

(12)

Major changes. Major changes to approved plans and conditions of development may be authorized only by the board of commissioners after review and recommendation by the planning board in the same manner as outlined in this article for original submission. Major changes include, but are not limited to:

Change in use.

Any increase or decrease in development density; such as, increase/decrease in density of units, whether residential, office, commercial or industrial; an increase/decrease in number of off-street parking or loading spaces; or, an increase/decrease in impervious surface area.

An increase in overall ground coverage by structures.

A change in any site dimension by more than ten percent.

A reduction in approved open space or screening.

A change in access and internal circulation design.

(13)

Minor changes, which are not deemed as major changes, may be authorized by the zoning administrator if no required engineering or other physical changes are foreseen at the time of approval.

(14)

Any changes to approved plans and conditions of development in consequence of enforcement actions are not changes subject to this section.

(15)

An aggrieved person may appeal a quasi-judicial decision by the board of commissioners on an application for appeal to the superior court. Such appeal shall be in the nature of certiorari and must be filed within 30 days of the effective decision and as provided by G.S. 160D-1402.

(d)

Variance.

(1)

An application for a variance shall be submitted to the board of adjustment by filing a copy of the application with the town clerk, who shall enter on it the date and time of filing.

(2)

Notice of quasi-judicial hearing. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose application or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way.

(3)

(4)

When unnecessary hardships would result from carrying out the strict letter of this chapter, the board of adjustment shall vary any of the provisions of this chapter upon a showing of all of the following:

Unnecessary hardship would result from the strict application of the chapter. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

The requested variance is consistent with the spirit, purpose, and intent of the chapter, such that public safety is secured, and substantial justice is achieved.

(5)

Before granting a variance, the board of adjustment must take a separate vote and vote affirmatively (by a four-fifths majority) on each of the four required findings stated above in section 16-58(d)(4) insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth herein shall include a statement of the specific reasons or findings of fact supporting such motion.

(6)

A motion to deny a variance may be made on the basis that any one or more of the four criteria set forth in section 16-58(d)(4) are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it.

(7)

In granting variances, the board of adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties, provided that the conditions are reasonably related to the variance.

(8)

A variance may be issued for an indefinite duration or for a specified duration only.

(9)

The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this chapter.

(10)

No change in permitted uses may be authorized by variance.

(11)

The decision of the board of adjustment shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective, by the town clerk.

(12)

An aggrieved person may appeal a decision by the board of adjustment on an application for appeal to the superior court. Such appeal shall be in the nature of certiorari and must be filed within 30 days of the effective decision and as provided by G.S. 160D-1402.

(13)

The board of adjustment may authorize upon application in specific cases a variance from the terms of the town's flood damage prevention ordinance (chapter 14 of the Code) in accord with the variance criteria set forth in that ordinance. In such flood damage prevention ordinance variance requests, the variance criteria set forth in this section above is not applicable.

(e)

Appeal.

(1)

An appeal from any final order or decision of the zoning administrator or any provision of this chapter may be taken to the board of adjustment by any person who has standing under G.S. 160D-1402(c). An appeal is taken by filing with the town clerk a written notice of appeal specifying the grounds therefor. A notice of appeal shall be considered filed with the board of adjustment when delivered to the town clerk, who shall enter on it the date and time of filing.

(2)

The owner or other party shall have 30 days from receipt of the written notice of the final order or decision of the zoning administrator within which to file an appeal.

(3)

(4)

(5)

The zoning administrator shall transmit to the board of adjustment all documents and exhibits constituting the record upon which the action appealed from is taken, and shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.

(6)

An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed during the pendency of the appeal to the board of adjustment and any subsequent appeal in accordance with G.S. 160D-1402 or during the pendency of any civil proceeding authorized by law or appeals therefrom, unless the official who made the decision certifies to the board after notice of appeal has been filed that, because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation. In that case, proceedings shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the zoning administrator a request for an expedited hearing of the appeal, and the board of adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the chapter shall not stay the further review of an application for permits or permissions to use such property; in these situations the appellant may request and the board of adjustment may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.

(7)

The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make any order, requirement, decision, or determination that in its opinion ought to be made in the case before it. To this end, the board of adjustment shall have all the powers of the official or approval authority from whom the appeal is taken.

(8)

The zoning administrator shall be present at the hearing as a witness or if the zoning administrator or official who made the decision is no longer employed by the town, then the person currently occupying the position shall be present. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the board of adjustment shall continue the hearing.

(9)

A motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons and findings of facts that support the motion.

(10)

The final written decision of the board of adjustment shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective, by the town clerk.

(11)

(f)

Revocation of approval.

(1)

Any permit may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit-issuing authority.

(2)

Before a special use permit may be revoked, all of the notice and hearing and other requirements of this chapter shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.

(3)

Before a zoning permit may be revoked, the zoning administrator shall give the permit recipient ten days' notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation. If the permit is revoked, the zoning administrator shall provide to the permittee a written statement of the decision and the reasons therefor.

(4)

No person may continue to make use of land or building in the manner authorized by any zoning or special use permit after such permit has been revoked in accordance with this chapter.

(5)

Building permits.

In accordance with G.S. 160D-1115, the building inspector may revoke and require the return of any building permit by notifying the permit holder in writing stating the reason for the revocation. Building permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable state or local laws; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked. Decisions to revoke a building permit shall be appealed to the board of adjustment.

(g)

Conditional rezoning.

(1)

Unless otherwise indicated in this subsection (g), all applications to establish a conditional zoning district shall adhere to the regulations and procedures prescribed in this subsection (g) in addition to the procedures for zoning map amendments set forth in subsection 16-60(a) through (d) of this chapter.

(2)

Contents of application. At a minimum, the following shall be required for a conditional zoning district to be considered:

A list of all uses proposed for the district, which shall be of equal descriptiveness and in the same format and description as listed in table 16.4.2: table of uses found in section 16-86 of this chapter.

A list of all setbacks and dimensional standards for every proposed use, which shall be of equal descriptiveness and in the same format and description as listed in table 16.4.3: dimensional requirements found in section 16-90 of this chapter.

A list of any additional proposed conditions and requirements on development and use of the tract.

A master development plan drawn to a suitable scale, with supporting information and text which specifies the location of the use or uses intended for the property and any development or dimensional standards to be approved as part of the establishment of the conditional rezoning district. The master development plan shall include:

Delineation of all areas of environmental concern, including federal jurisdictional wetlands;

For all uses, the maximum number of dwelling units and non-residential square footage, maximum heights, and approximate location of any structures;

Traffic calculations, parking and circulation plans illustrating dimensions, intersections, and typical cross sections;

All proposed setbacks, buffers, screening, and landscaping;

Phasing information;

Proposed signage;

Current zoning district designation and current land use status;

Exterior lighting plan;

Any proposed perimeter fencing, walls or access gates;

10.

All external access points and proposed methods of accessing the property. (Car/vehicle, pedestrian, bicycle, boat, aircraft, other);

11.

Any water dependent structures or uses.

(3)

Public input meeting required.

Prior to the planning board meeting on the conditional rezoning application, the applicant must conduct one public input meeting and file a report of the results with the zoning administrator.

The staff report for the planning board meeting will include a summary of the public input meeting.

The applicant shall mail a notice for the public input meeting to the owners of all properties located within 500 feet of the perimeter of the project bounds not less than 30 days prior to the scheduled meeting.

The notice shall include the time, date, and location of the meeting as well as a description of the proposal.

The applicant's report of the meeting shall include:

A copy of the letter announcing the meeting

A list of adjoining property owners contacted

An attendance roster

A summary of the issues discussed

The results of the meeting including changes to the project's proposal, if any.

(4)

Review approval criteria for conditional rezoning. When evaluating an application for the establishment of a conditional zoning district, the planning board and board of commissioners shall consider the following:

The criteria set forth in subsections 16-60(b) through (c) for zoning map amendments as applicable to the specific body considering the amendment.

That the maximum height limit for the conditional zoning district will not exceed 38 feet, plus a freeboard limit of three feet, where applicable, as measured by the vertical distance from the mean adjacent elevation at the building site to the highest peak of the roof.

That the application meets the intent of a conditional rezoning, per subsection 16-83(i).

That the contents of the application are complete, sufficient, and recorded appropriately either as conditions of approval or on the associated master development plan, and that the appropriate procedures have been followed.

The reasonably expected impacts and/or benefits on the surrounding area and adjoining properties.

That sufficient guarantee is in place or can be made that any off-site impacts generated by the proposed project shall be mitigated appropriately at the time the need for the mitigating action is generated.

No utilities will be provided by the town in designated coastal barrier resources area (CBRA) zones.

(5)

Conditions to approval of petition.

In approving a petition for the reclassification of property to a conditional zoning district, the zoning administrator or planning board may recommend, and the board of commissioners may request that the applicant add reasonable and appropriate conditions to the approval of the application. If the applicant and the board of commissioners both do not explicitly accept these conditions, then the board of commissioners may (1) approve the conditional rezoning application without the conditions not expressly agreed to by both parties, or (2) deny the application.

All revisions to the original CZ application must be turned in to staff no later than 21 days prior to the next scheduled board meeting that the item is on the agenda. Staff may grant a seven day extension at their discretion.

No more than six resubmissions shall be made to the original application.

All conditions placed on the property must be consented to by the applicant and all owners of the property in writing.

Conditions and site-specific standards imposed in a conditional zoning district shall be limited to those that address the conformance of the development and use of the site to local government ordinances, any applicable land use or comprehensive plans, or the impacts reasonably expected to be generated by the development or use of the site.

Unless consented to in writing by the applicant, neither the planning board nor the board of commissioners may require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or otherwise unauthorized limitations on the development or use of land.

If any condition of the approval of the conditional zoning district is found to be illegal by a court of law, the approval of the conditional zoning shall be null and void, and the land within the district shall be rezoned to its classification prior to the approval of the conditional zoning, pursuant to the town's standard rezoning procedures.

(6)

Effect of approval.

Once a conditional rezoning is approved, the development and use of the property shall be governed by the established standards for the district, the approved master development plan for the district, and any additional approved conditions, all of which shall constitute the zoning regulations for the approved district and are binding on the property as an amendment to this subsection and to the zoning maps. All other provisions in the town ordinance, including without limitation the general development standards, transportation access, buffers, parking, tree preservation and sign regulations shall apply to all CZ districts except to the extent that the conditions of CZ approval or approved CZ site plan/master development plan specifically provide otherwise.

Following the approval of the petition for a conditional zoning district, the subject property shall be identified on the zoning maps by the district designation "CZ" and a unique, consecutive numerical identifier (for example, the fifteenth conditional zoning district established in the town would be labeled "CZ-15"). The unique numerical identifier will reference the approved ordinance and master development plan that established the zoning district.

Since each CZ district represents a newly created zoning district, the approved master development plan, district standards, and conditions shall be maintained in appendix B to this Code.

The approved master development plan may substitute for an approved plot plan, major site plan, minor subdivision plat, or major subdivision preliminary plat if it is specifically reviewed and approved as such during the application process for the CZ district.

The approved master development plan qualifies as a site-specific vesting plan establishing a vested right if requested by the applicant and processed pursuant to the provisions set forth in section 16-61. Notwithstanding the above, an approved master development plan may also qualify as a multi-phased development for the purposes of establishing a vested right in accordance with G.S. 160D-108.

No permit shall be issued for any development activity within a conditional zoning district except in accordance with the approved petition and master development plan for the district.

Any violation of the approved master development plan or conditions for the district shall be treated the same as any other violation of this chapter and shall be subject to the same remedies and penalties as any such violation. The town may initiate an application to rezone the property back to the previous zoning classification, pursuant to the town's standard rezoning procedures, if the zoning violation(s) persist and are not corrected within 30 days of notice is provided to the property owner.

(7)

Subsequent changes to conditional zoning district.

Major changes. Major changes to an approved master development plan may be authorized only by the board of commissioners after review and recommendation by the planning board in the same manner as that of a zoning map amendment. Major changes include, but are not limited to:

Change in use.

An increase in overall ground coverage by structures.

A change in any site dimension by more than ten percent.

A reduction in approved open space or screening.

A change in access and internal circulation design.

Minor changes, which are not deemed as major changes, may be authorized by the zoning administrator if no required engineering or other physical changes are foreseen at the time of approval.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021; Ord. No. 2022-005, § 1, 9-14-2022; Ord. No. 2024-009, 9-11-2024)

Sec. 16-59. - Creation of new lots/division of land.

No land within the town's planning jurisdiction shall be subdivided, combined, or re-subdivided and offered for sale, gifted, exchanged, or in any other way conveyed until a plat thereof has been approved as herein provided. No plat shall be recorded by the county register of deeds until this approval is entered in writing on the face of the plat as herein provided.

(1)

Exempt plat review.

Applicability. Divisions of land and creation of lots which do not meet the statutory definition of subdivision in accordance with G.S. 160D-802 or are as provided in this section. In accordance with G.S. 160D-802(a)(1) and (a)(4), newly created lots must be equal to or exceed the dimensional standards of the zoning district in which they are located.

Application materials and submittal. The applicant shall submit one digital copy and one hard copy of the final plat so marked to the zoning administrator for approval. The final plat shall be prepared by a licensed land surveyor or engineer registered to practice in the state. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. 47-30 and the Standards of Practice for Land Surveying in North Carolina.

Property owners or their authorized agents must present a paper or recordable map to the zoning administrator for determination of whether the action created by the recording of the map meets the chapter standards to be exempt.

If the proposal meets the exemptions listed in this chapter or in G.S. 160D-802, the zoning administrator shall sign an exemption note on the face of the recordable map before it is recorded.

In addition to the divisions of land identified in G.S. 160D-802(a)(1) through (a)(4), the following divisions of land shall not be included within the definition of the term "subdivision" and shall not be subject to the lot dimensional standards in this chapter:

The division of land for the purpose of creating a lot for use as a site for a public utility;

The creation of a lot to be conveyed to the town or to a non-profit entity for the purpose of creating public parks, public access, or public open space, provided that the plat and the deed creating such parcel shall specifically state that the parcel created may not be used for any other purpose; and

The division of land owned by a governmental entity to facilitate the conveyance of a portion of said land to another governmental entity for governmental or public use.

If the proposal does not meet the exemptions, the zoning administrator shall return the unsigned map to the property owner or authorized agent with a written description of why the map does not qualify to be exempt.

The applicant shall file any approved exempt plat with the register of deeds of the county within 30 days of approval; otherwise, such approval shall be null and void.

The following certificate should be included on all minor subdivision preliminary plats, in addition to any other required by the article V: subdivision regulations:

Certificate of approval for recording.

"I hereby certify that the minor subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Topsail Beach, North Carolina, and that this plat has been approved by an authorized representative of the Town of Topsail Beach for recording in the Office of the Register of Deeds of Pender County.

________________
Town of Topsail Beach: Zoning Administrator

Certificate of ownership and dedication.

________________
Owner Date

(2)

Minor subdivision review.

Applicability. In accordance with G.S. 160D-802, the town only requires submittal of a final plat for review of minor subdivision subject to the following provisions:

The tract or parcel to be divided is not exempted under section 16-59(a) of this chapter.

No part of the tract or parcel to be divided has been divided under this section in the ten years prior.

The entire area of the tract or parcel to be divided is greater than five acres.

After division, no more than three lots result from the division.

After division, all resultant lots comply with the minimum dimensional standards of the applicable zoning district and the use of the lots shall be in conformity with the applicable zoning requirements.

A permanent means of ingress and egress is recorded for each lot.

Application materials and submittal. The applicant shall submit one digital copy and one hard copy of the final plat so marked to the zoning administrator for approval. The final plat shall be prepared by a licensed land surveyor or engineer registered to practice in the State of North Carolina. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. 47-30 and the Standards of Practice for Land Surveying in North Carolina.

The zoning administrator shall review the final plat and shall proceed with approval, conditional approval with modifications to bring the plat into compliance, or disapproval of the final plat with reasons within 30 days of initial receipt of a complete application for a minor subdivision plat.

The applicant shall file any approved final plat with the register of deeds of the county within 30 days of approval; otherwise, such approval shall be null and void.

The following certificate should be included on all minor subdivision preliminary plats, in addition to any other required by the article V: subdivision regulations:

Certificate of approval for recording.

________________
Town of Topsail Beach: Zoning Administrator

Certificate of ownership and dedication.

________________
Owner Date

(3)

Major subdivision sketch plan review.

Applicability. Subdivisions and/or divisions of land not qualifying as exempt or as a minor subdivision.

Application materials and submittal. Prior to the filing of an application for approval of a major subdivision preliminary plat, the subdivider may submit to the zoning administrator one digital copy and one hard copy of a sketch design plan of the proposed subdivision which generally depicts the concept of the development and any explanatory materials as may be desirable. Copies of any pertinent additional information regarding the proposed subdivision or of adjoining property as may be useful to the planning board in formulating an overall plan for any given section of the town may be submitted.

The planning board at their next regularly scheduled meeting following acceptance of the sketch design plan by the zoning administrator shall meet with the potential subdivider and the subdivider shall meet with the planning board. At this stage the subdivider should discuss his or her thoughts and ideas pertaining to the subdivision and also become familiar with the regulations affecting the land to be subdivided.

The discussion and any recommendations made by the planning board shall be advisory.

(4)

Major subdivision preliminary plat.

Applicability. Subdivisions and/or divisions of land not qualifying as exempt or as a minor subdivision.

Application materials and submittal. One digital copy and three hard copies of the major subdivision preliminary plat shall be submitted with all applications for such. Where an application is made by an agent other than an attorney, the application shall include a written agreement signed by all property owners designating the agent as the owner's representative with binding authority. In addition, a draft of any protective covenants, deeds or master restrictions, proposed articles of incorporation and by-laws of any property owners association to be applied to the subdivision shall be submitted with the application. Such restrictions are mandatory where private recreation areas, open spaces, utilities, or other amenities are established.

The major subdivision preliminary plat shall be prepared by and sealed by a licensed land surveyor or engineer, registered to practice in the state, at a scale no smaller than one inch = 100 feet and shall include the following:

The location of streets, buildings, impervious surfaces, watercourses, transmission lines, sewers, bridges, culverts and drainpipes, water mains, hydrants, town limit lines, public utility easements, sidewalks, bike paths, docks, piers, and public or private access to the ocean or sound (if applicable).

Boundaries of the tract to be subdivided shown with bearings and distances.

Wooded areas, marshes, and any other conditions affecting the site including the location and description of areas of environmental concern, including 404 wetland areas as determined by the Army Corps of Engineers and coastal wetlands as determined by NCDEQ.

Name of adjoining property owners or subdivisions.

Proposed streets, street names, rights-of-way for streets, pavement width and approximate grades and the type of street dedication, either public or private.

The location of existing and proposed utilities (sewer, water, gas, electricity).

Topography, both existing and proposed, at a contour interval of one foot based upon mean sea level datum showing the flood elevations as described in chapter 14, as well as preliminary plans for the handling of surface drainage, street drainage and any stabilization of the dune system.

The location of all vegetation greater than three inches in diameter at breast height. The canopy drip line of those trees shall be delineated. If groves of protected trees exist that will not be removed or disturbed, it is permitted to label the grove as such on the plat, stating the approximate number of protected trees and species mix, without specifying data on each individual tree.

Proposed rights-of-way of easements: location, width, and purposes of each proposed easement.

10.

Proposed lot lines, lot and block numbers, and dimensions of lots.

11.

The date of the survey to be not more than 180 calendar days prior to submission.

12.

Proposed minimum building setback lines.

13.

Proposed parks, school sites, or other public open spaces, if any.

14.

Title block including therein name of the subdivision and date.

15.

Name and address of the subdivider or his authorized agent.

16.

Name of registered surveyor and/or engineer who prepared the plat.

Acreage in the total tract to be developed.

18.

Smallest lot size.

19.

Total number of dwelling units, by development phase (if applicable).

20.

Total number of lots.

21.

Lineal feet in streets.

22.

North arrow and graphic scale.

23.

Name of town and county as civil jurisdictions within which the proposed subdivision is located.

24.

A sketch vicinity map showing the relationship between the subdivision and the surrounding area.

In the course of evaluating the proposed major subdivision preliminary plat, the zoning administrator may request additional information from the applicant. A request for such additional information shall stay until a date certain established by the zoning administrator any further consideration of the application. This information may include (but not be limited to) the following:

Approved state stormwater permit.

Proposed maximum allowable height of structures.

Description and copies of proposed deed restrictions to be placed on the property.

Any other information reasonably needed to consider the application in reference to these regulations.

The following certificates should be included on all major subdivision preliminary plats, in addition to any other required by the article V: subdivision regulations:

Certificate of survey and accuracy. In accordance with G.S. 47-30: there shall appear on each plat a certificate by the person under whose supervision such survey or such plat was made, stating the origin of the information shown on the plat, including recorded deed and plat references shown thereon. The ratio of precision as calculated by latitudes and departures before any adjustments must be shown. Any lines on the plat that were not actually surveyed must be clearly indicated and a statement included revealing the source of information. The execution of such certificate shall be acknowledged before any officer authorized to take acknowledgments by the registered land surveyor preparing the plat. All plats to be recorded shall be probated as required by law for the registration of deeds. Where a plat consists of more than one sheet, only the first sheet must contain the certification and all subsequent sheets must be signed and sealed.

The certificate shall include the source of information for the survey and data indicating the accuracy of closure of the plat before adjustments, and shall be in substantially the following form:

"I, ___________, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book ___, Page ___, etc.) (other); that the boundaries not surveyed are clearly indicated as drawn from information found in Book ___, Page ___; that the ratio of precision as calculated is 1:___; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number and seal this ___ day of ___________, A.D. 20___.

	________________
	Surveyor

	________________
Seal or Stamp	Registration Number

Certification of approval of the preliminary plat by the Topsail Beach Board of Commissioners. The Town of Topsail Beach hereby approves or approves conditionally the preliminary plat of ___________ Subdivision. If approved conditionally, the specific conditions shall be listed.

	Mayor, Town of Topsail Beach

Major subdivision preliminary plat review procedure.

The zoning administrator or his/her designee will review the major subdivision preliminary plat and may require a technical review procedure. The technical review committee may include, but not necessarily be limited to, the following individuals/departments: zoning administrator, building inspector, town manager, fire department, police department, state division of coastal management, state department of environmental quality, county utilities, or county environmental health.

If the zoning administrator determines that more information is needed or that a significant number of changes must be made before the plat can be approved, the applicant shall make the necessary changes; and re-submit the plat. All re-submissions shall contain a list of the changes made. A new 30 day review period may begin on the date of the re-submission of required information.

Upon determination that a major subdivision preliminary plat application is complete, within 30 working days of the submittal date, the zoning administrator and the technical review committee (if applicable) shall review the plat and make a recommendation to the planning board as to compliance with this chapter. The major subdivision preliminary plat will be placed on the agenda of the next regularly scheduled planning board meeting following 30 working days of submittal of a complete application for a major subdivision preliminary plat.

The planning board shall review the major subdivision preliminary plat and written recommendations of the zoning administrator and the technical review committee (if applicable) prior to recommending approval, denial, or conditional approval of the major subdivision preliminary plat to the board of commissioners. Within 90 days of receipt of the major subdivision preliminary plat, the planning board shall transmit a formal recommendation to the board of commissioners.

Should the planning board fail to act on the major subdivision preliminary plat within 90 days after acceptance of the preliminary plat by the planning board, the subdivider may proceed to major subdivision preliminary plat approval by the board of commissioners without a recommendation of the planning board.

The board of commissioners shall consider approval or denial of the major subdivision preliminary plat at any of the next three regularly scheduled meetings following receipt of the preliminary plat.

When received with recommendation from the planning board, the board of commissioners shall concur in the action of the planning board or shall alter the action of the planning board. In those cases where the board of commissioners fails to concur with the planning board, the specific reasons for the change shall be in writing and made part of the official record of the town. If the board of commissioners by formal motion approves conditionally or disapproves the preliminary plat, the reasons shall be set forth in writing and refer specifically to those parts of this chapter or other land development ordinances with which the plat does not comply.

Approval of the major subdivision preliminary plat by the board of commissioners is authorization for the subdivider to proceed with the construction of the necessary improvements in preparation for submission of the final plat.

The approval granted by the board of commissioners shall not extend for more than one year from the date of action by the board of commissioners. However, extensions may be granted upon application and request for such to the board of commissioners. Such time limits shall expire automatically unless extended by the board of commissioners, and once lapsed shall not be extended.

(5)

Major subdivision final plat.

Applicability. Subdivisions and/or divisions of land not qualifying as exempt or as a minor subdivision and whereby a major subdivision preliminary plat has been approved and all necessary and/or required improvements have been installed in accordance with section 16-127 shall comply with the following procedures in order to obtain final plat approval.

Application materials and submittal. One digital copy and three hard copies of the major subdivision final plat shall be submitted with all such applications. Where an application is made by an agent other than an attorney, the application shall include a written agreement signed by all property owners designating the agent as the owner's representative with binding authority. In addition, a draft of any protective covenants, deeds or master restrictions, proposed articles of incorporation and by-laws of any property owners association to be applied to the subdivision shall be submitted with the application. Such restrictions are mandatory where private recreation areas, open spaces, or other amenities are established.

Final as-built drawings. Accompanying the application for a major subdivision final plat approval will be copies of as-built drawings showing the actual construction, location, and materials used in the installation of all required improvements. These drawings will become a part of the public record of the town.

The subdivider shall within one year of the date of major subdivision preliminary plat approval or approval with conditions, unless an extension is granted by the board of commissioners, submit to the zoning administrator a complete application for approval of a final plat. If the preliminary plat was approved with conditions, the final plat shall show the modifications made to meet the conditions attached to the preliminary plat approval.

The major subdivision final plat shall be prepared by and sealed by a licensed land surveyor or engineer, registered to practice in the state, at a scale no smaller than one inch = 100 feet, on mylar or current industry standard at the same scale and on the same sheet as the preliminary plat. The final plat shall constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time and shall include the following:

The lines of all streets and roads.

The names of all streets.

Lot lines and lot numbers.

Reservations, easements, alleys and any areas to be dedicated to public use or sites for other than residential uses with notes stating their purpose and limitations, if any.

Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every street line, lot line, boundary line, block line and building line, whether curved or straight, and including true north point. This should include the radius, central angle, point of tangent, tangent distances and arc and chords of all curved streets and curved property lines.

All dimensions should be to the nearest (state guideline) one-tenth of a foot and angles to the nearest quarter of a minute.

Accurate location and description of all monuments and markers.

The names and locations of adjoining subdivisions and streets, and the location and ownership of adjoining unsubdivided property.

Title, date, name and location of subdivision, and graphic scale.

10.

Name and address of owner or his authorized agent.

11.

Name of registered surveyor.

12.

Date of the final survey performed on the subject property to be not more than 180 calendar days prior to submission.

13.

Certified copies of all permits for the proposed subdivision required by the county, the state, and/or the United States and any other governmental body having jurisdiction.

The following certificates should be included on all major subdivision final plats, as applicable, in addition to any other required by article V: subdivision regulations:

Certificate of ownership and dedication.

"I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of the Town of Topsail Beach and that I hereby adopt this plat of subdivision with my free consent, establish minimum building setback lines, and dedicate all streets, alleys, walks, parks, open space, utilities, and other sites and easements to public use as noted."

________________
Owner Date

The certificate shall include the source of information for the survey and data indicating the accuracy of closure of the plat before adjustments, and shall be in substantially the following form:

	________________
	Surveyor

	________________
Seal or Stamp	Registration Number

Certification of approval of the final plat by the Topsail Beach Board of Commissioners.

The Town of Topsail Beach hereby approves or approves the final plat of ___________ Subdivision. If approved conditionally, the specific conditions shall be listed.

	Mayor, Town of Topsail Beach

Certification of approval of necessary or required improvements.

"I hereby certify that streets, utilities, and other required improvements (list all improvements that have been installed and approved by appropriate agency) have been installed in an acceptable manner and according to town specifications and standards in the subdivision titled ___________."

	Developer or Authorized Agent Signature(s)

	Professional Engineer(s) [seal included]

	Town Manager

Certification of suitability for septic tank systems and water supplies, if applicable, to be signed by appropriate authority/representative.

"I hereby certify that this subdivision, entitled ___________, is generally suitable for individual septic tank systems and individual water supplies. However, this certification does not constitute "blanket issued subject to the approval of each individual lot by the Pender County Environmental Health Department and the issuance of an improvements permit for each lot as required by the General Statutes of North Carolina." Any artificial drainage measures installed or proposed for installation in this subdivision to control water table must be properly maintained. Lots must be properly landscaped to control surface water in order to decrease the changes in septic tank system malfunctions."

	Pender County Health Director or Licensed Soil Scientist

Certificate of disclosure, Town of Topsail Beach floodplain management regulations, if applicable, to be signed by owner.

"I (we) hereby certify that prior to entering any agreement or any conveyance with a prospective buyer, I (we) shall prepare and sign, and the buyer of the subject real estate shall receive and sign a statement which fully and accurately discloses that the subject real estate, or a portion of the subject real estate, is located within a flood hazard area and that the buyer must satisfy the requirements of Town of Topsail Beach floodplain management regulations prior to the issuance of building permits."

	Owner's Signature(s)

Acknowledgment of compliance (private developments), if applicable, to be signed by owner.

"I, ___________ (name of developer and/or owner) hereby certify that the parks, open space, permanent access easement, utilities, or other areas delineated hereon and dedicated to private use, shall not be the responsibility of the public or the Town of Topsail Beach, acting on behalf of the public, to maintain. Furthermore, prior to entering any agreement or any conveyance with any prospective buyer, I shall prepare and sign, and the buyer of the subject real estate shall receive and sign, an acknowledgment of receipt of a disclosure statement. The disclosure statement shall fully and completely disclose the private areas and include an examination of the consequences and responsibility as to the maintenance of the private areas, and shall fully and accurately disclose the party or parties upon whom the responsibility for construction and maintenance of such private areas shall rest."

	Owner's Signature(s)

Certificate of approval for recording.

"I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Topsail Beach, North Carolina, and that this plat has been approved by an authorized representative of the Town of Topsail Beach for recording in the Office of the Register of Deeds of Pender County."

	Town of Topsail Beach: Zoning Administrator

Major subdivision final plat review procedure.

The zoning administrator or his/her designee will review the major subdivision final plat and may require a technical review procedure. The technical review committee may include, but not necessarily be limited to, the following individuals/departments: zoning administrator, building inspector, town manager, fire department, police department, state division of coastal management, state department of environmental quality, county utilities, or county environmental health.

If the zoning administrator determines that more information is needed or that a significant number of changes must be made before the plat can be approved, the applicant shall make the necessary changes; and re-submit the plat. All re-submissions shall contain a list of the changes made. A new 30-day review period may begin on the date of the re-submission of required information.

Upon determination that a major subdivision final plat application is complete, within 30 working days of the submittal date, the zoning administrator and the technical review committee (if applicable) shall review the plat and make a recommendation to the planning board as to compliance with this chapter. The major subdivision final plat will be placed on the agenda of the next regularly scheduled planning board meeting following 30 working days of submittal of a complete application for a major subdivision final plat.

The planning board shall review the major subdivision final plat and written recommendations of the zoning administrator and the technical review committee (if applicable) prior to recommending approval, denial, or conditional approval of the major subdivision final plat to the board of commissioners. Within 90 days of receipt of the major subdivision preliminary plat, the planning board shall transmit a formal recommendation to the board of commissioners.

The planning board shall review the final plat for compliance with the requirements of this chapter and any other specifications which were agreed upon at the time of the review of the major subdivision preliminary plat.

During its review of the final plat, the planning board may request reports from any person or agency affected by the proposed development.

If the planning board fails to act on the final plat within 90 days of receipt of a complete application for a major subdivision final plat, the subdivider may seek final approval of the plat by the board of commissioners without a recommendation of the planning board.

The board of commissioners shall consider the recommendations of the planning board, if applicable, at the next regular meeting after final action by the planning board. The board of commissioners shall approve or disapprove the final plat within 45 days after the date of the regularly scheduled meeting at which the final plat is first considered.

If the board of commissioners by formal motion disapproves the final plat, the reasons shall be set forth in writing and refer specifically to those parts of this chapter or other land development ordinances with which the plat does not comply.

10.

Within 30 working days after the approval of the board of commissioners of the final plat, the subdivider shall file the final plat with the county register of deeds. Failure to file an approved final plat within 30 days shall make such approval null and void.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

Sec. 16-60. - Changes and amendments.

(a)

Initiation of amendments.

(1)

Purpose and applicability. Pursuant to G.S. 160D-601, the text of this chapter or the zoning district boundaries as shown on the town's zoning map may be amended in accordance with the procedures established herein following an officially adopted ordinance for such changes. A petition by the appropriate person or entity shall be submitted to the zoning administrator and reviewed by the planning board, which shall consider its merit and make a recommendation to the board of commissioners. In no case shall final action by the board of commissioners be taken on amending, changing, supplementing, modifying or repealing the regulations or district boundaries hereby established until a public hearing has been held by the board of commissioners at which parties in interest and citizens shall have an opportunity to be heard.

Proposed changes or amendments to the zoning map may be initiated by the board of commissioners, planning board, town administration, or by the owner, or his or her agent, of property within the area proposed to be changed.

Proposed amendments to the text of the chapter may be initiated by any interested party.

No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the town. For purposes of this section, "down-zoning" means a text or zoning map amendment that affects an area of land by decreasing the development density of the land to be less dense than was allowed under its previous usage or by reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.

(2)

Application. An application for any change or amendment shall contain a description and/or statement of the present and proposed zoning regulation or district boundary. If a zoning map amendment is proposed, the names and addresses of the owners of the property involved shall be included. Such application shall be filed not later than 30 days prior to the meeting of the planning board at which the application is to be considered, and in all cases with enough lead time to properly advertise.

(3)

Fees. A nonrefundable fee shall be paid to the town for each application for an amendment, to cover costs of advertising and other administrative expenses involved.

(4)

Public hearing requirement, advertised, mailed, and posted notice.

Public hearing. A public hearing is required for all amendments prior the final decision before the board of commissioners. Public hearings are optional for advisory recommendations of the planning board.

Notification of the board of commissioners' public hearing shall be published once a week for two successive calendar weeks in a local newspaper of general circulation in the town. The notice shall be published the first time not less than ten days nor more than 25 days before the date fixed for the hearing.

Mailed notice. When a change in the zoning classification of a piece of property is requested (zoning map change), the applicant shall provide to the zoning administrator a list of names and addresses, as obtained from the county tax listings and tax abstract, of all abutting property owners and all owners of property within the area under consideration for rezoning, along with two sets of business (no. 10) envelopes stamped with a first class stamp and addressed to each person on the list. These addressed envelopes and the list shall be submitted at least 30 workdays prior to the board of commissioners meeting and public hearing at which the amendment will be considered. The zoning administrator or his/her designee shall then mail notices of the public hearing to each person on the list at least ten but no more than 25 days prior to the date of the meetings at which the board of commissioners will consider the request for a zoning map amendment. The letter of notification shall contain a description of the request and the time, date, and location of the public hearing. Such certification shall be deemed conclusive in the absence of fraud.

Posted notice. Notice of a proposed zoning change for any parcel, shall be prominently posted on the site proposed for rezoning or on an adjacent public street or highway right-of-way for at least ten but not more than 25 days prior to the public hearing before the board of commissioners. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the zoning administrator or his/her designee shall post sufficient notices to provide reasonable notice to interested persons. The posted notices shall be provided and erected by the zoning administrator and shall include in the message the:

(a)

Present zoning classification.

(b)

Proposed zoning classification.

(c)

Time and place of the public hearing.

(d)

Location where additional information may be obtained.

(5)

Reapplication for amendment. With the exception of requests originating with the board of commissioners, planning board, or town administration, an application for any rezoning of the same property or any application for the same amendment to the zoning ordinance text shall be permitted only once within any six month period. The board of commissioners, by simple majority, may waive this restriction if it finds any emergency exists.

(b)

Planning board action.

(1)

Every proposed amendment, supplement, change, modification or repeal of this chapter shall be referred to the planning board for its recommendation and report. The following policy guidelines shall be followed by the planning board concerning zoning amendments and no proposed zoning amendment will receive favorable recommendation unless:

The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories.

There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group.

There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.)

There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change.

The proposed change is in accord with any land use plan and sound planning principles.

(2)

A petition to amend the district boundaries or regulations established by this chapter shall be considered by the planning board at its next regular monthly meeting or any called special meeting, provided it has been filed, complete in form and content, at least 30 days prior to such meeting. Otherwise, consideration may be deferred until the following monthly meeting.

(3)

The planning board shall provide an advisory recommendation on any properly filed petition within 65 days after the introduction of such petition at a regularly scheduled meeting and shall transmit its recommendation and report, including the reasons for its determinations, to the board of commissioners.

(4)

Pursuant to G.S. 160D-604, the planning board shall advise and comment on whether the proposed text or zoning map amendment is consistent with the comprehensive plan or any other officially adopted plans that are applicable. The planning board shall provide a written recommendation to the board of commissioners that addresses plan consistency and other matters deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the board of commissioners. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

(c)

Board of commissioners action.

(1)

Before taking such lawful action as it may deem advisable, the board of commissioners shall consider the planning board's recommendations on each proposed text or zoning map amendment. The board of commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with the town's adopted land use plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the board of commissioner's meeting that at the time of action on the amendment the board was aware of and considered the planning board's recommendations and any relevant portions of an adopted land use plan.

(2)

If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently.

(3)

If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the board of commissioner's statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

(4)

When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the board of commissioners. This statement of reasonableness may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned, (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community, (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the statement on reasonableness may address the overall rezoning. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.

(5)

Pursuant to G.S. 160D-109(a), no member shall be excused from voting except upon matters involving the consideration of the member's own financial interest or [if] the applicant is a person with whom the member has a close familial, business, or other associational relationship member. A failure to vote by a member who is physically present in the commissioner's chamber, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote.

(6)

An affirmative vote equal to a majority of all the members of the commissioners not excused from voting on the question in issue, including the mayor's vote in case of an equal division, shall be required to adopt any amendment to this chapter or to take any action having the effect of an ordinance.

(7)

If any resident or property owner in the town submits a written statement regarding a proposed amendment, modification, or repeal of this chapter to the town clerk at least two business days prior to the proposed vote on such change, the town clerk shall deliver such written statement to the board of commissioners.

(d)

Application withdrawal. Any application submitted in accordance with the provisions of section 16-60 for the purpose of amending the regulations or district boundaries established of this chapter may be withdrawn at any time, but fees are nonrefundable.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

Sec. 16-61. - Vested rights.

(a)

Purpose. The purpose of this chapter is to implement the provisions of G.S. 160D-108 and 160D-108.1 pursuant to which a statutory zoning vested right is established upon the approval of a site-specific vesting plan as defined in this chapter.

(b)

Establishment of a zoning vested right.

(1)

A zoning vested right shall be deemed established following the valid approval, or conditional approval, of a site-specific vesting plan and separate approval by the board of commissioners of a request for statutory zoning vested rights.

(2)

Notwithstanding subsection (1) this section, approval of a site-specific vesting plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.

(3)

The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation by the town, including, but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site-specific vesting plan upon the expiration or termination of the vested right in accordance with this article.

(4)

A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site-specific vesting plan and approval of an application for statutory zoning vested rights before the board of commissioners, all successors to the original landowner shall be entitled to exercise such right while applicable.

(c)

Approval procedures and authority.

(1)

Except as otherwise provided in this section, an application for site-specific vesting plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval for which application is made. Consideration and approval of a zoning vested right constitutes a separate approval process under the sole discretion of the board of commissioners. Any application for a zoning vested right shall be processed concurrently or after the approval of the associated site-specific vesting plan and shall include a duly advertised and held public hearing.

(2)

In order to obtain a zoning vested right, the applicant must request in writing at the time of application for the particular site-specific vesting plan type that the application for a zoning vested right be considered concurrently or following approval of such and acted on by the board of commissioners following notice and a public hearing. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose application or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing and to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way.

(3)

In order for a zoning vested right to be established following approval of a site-specific vesting plan, the applicant must indicate at the time of application, on a form to be provided by the town, that a zoning vested right is being sought.

(4)

Each map, plat, site plan or other document evidencing a site-specific vesting plan shall contain the following notation: "Approval of this plan establishes a zoning vested right under G.S. 160D-108.1. Unless terminated at an earlier date, the zoning vested right shall be valid until (date)."

(5)

Following approval or conditional approval of a site-specific vesting plan and approval of zoning vested rights by the board of commissioners, nothing in this article shall exempt such a plan from subsequent reviews and approval to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

(6)

Nothing in this article shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter.

(d)

Duration.

(1)

A zoning right that has been vested as provided in this article shall remain vested for a period of two years unless specifically and unambiguously provided otherwise pursuant to subsection (2) of this section. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the approval authority at the time the amendment or modification is approved.

(2)

Notwithstanding the provisions of subsection (1) of this section, the approval authority may provide that rights shall be vested for a period exceeding two years but not exceeding five years where warranted in light of all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the need for or desirability of the development, economic cycles and market conditions. These determinations shall be in the sound discretion of the board of commissioners in consideration of approval of vested rights.

(3)

Upon issuance of a building permit, the expiration provisions of G.S. 160D-1110 and the revocation provisions of G.S. 160D-1115 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

(e)

Termination.

(1)

A zoning right that has been vested as provided in this chapter shall terminate in accordance with any one of the following:

At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.

With the written consent of the affected landowner.

Upon findings by the board of commissioners, by ordinance after notice and a quasi-judicial hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as contemplated in the site-specific vesting plan.

Upon payment to the affected landowner of compensation for all costs, expenses and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultant's fees incurred after approval by the town, together with interest thereon at their legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action.

Upon findings by the board of commissioners, by ordinance after notice and a quasi-judicial hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site-specific vesting plan.

Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site-specific development plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a hearing.

(f)

Voluntary annexation. A petition for annexation filed with the town under G.S. 160A-31 or G.S. 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G.S. 160D-108 or 160D-108.1. A statement that declares that no zoning vested right has been established under G.S. 160D-108 or 160D-108.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated.

(g)

Limitations. Nothing in this article is intended or shall be deemed to create any vested right other than those established pursuant to G.S. 160D-108 or 160D-108.1.

(h)

Permit choice. If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, G.S. 143-755 applies. An applicant may proceed with a complete application for a development approval prior to final action on a proposed change to this chapter.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

Sec. 16-62. - Review procedures summary.

Table 16.3.1:
Review Procedures Summary

Application Type	Advisory or Decision-Making Body
Application Type	Board of Commissioners	Planning Board	Board of Adjustment	Zoning Administrator	CAMA LPO	Building Inspector
FD = Final Decision; R = Advisory Recommendation; PH = Public Hearing; QJ = Quasi-Judicial Hearing
Complete application				FD
Zoning permit				FD
Building permit						FD
CAMA minor permit					FD [1]
Certificate of occupancy						FD
Plot plan				FD
Major site plan		FD		R
Special use permit	FD-QJ	R		R
Variance			FD-QJ
Appeal			FD-QJ
Revocation of approval				FD [2]		FD [2]
Exempt plat				FD
Minor subdivision				FD
Major subdivision sketch plan		R		R
Major subdivision preliminary plat	FD	R		R
Major subdivision final plat	FD	R		R
Text amendment	FD-PH	R		R
Zoning map amendment	FD-PH	R		R
Conditional rezoning	FD-PH	R		R
Statutory zoning vested rights	FD-PH			R
[1] CAMA general and major permits are decided by the state division of coastal management and coastal resources commission.
[2] The zoning administrator is responsible for revocation of zoning related approvals and the building inspector is responsible for revocation of building code related approvals

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021; Ord. No. 2022-005, § 2, 9-14-2022)

Sec. 16-63. - Public notification requirements.

Table 16.3.2:
Public Notification Summary

Application Type	Advisory or Decision-Making Body	Published Notice	Mailed Notice [1]	Posted Notice [2]
X = Notification Required; PH = Public Hearing; QJ = Quasi-Judicial Hearing
Special use permit	Board of commissioners		X-QJ [2]	X-QJ
Variance	Board of adjustment		X-QJ [2]	X-QJ
Appeal	Board of adjustment		X-QJ [2]	X-QJ
Text amendment	Planning board
Text amendment	Board of commissioners	X-PH [3]
Zoning map amendment	Planning board		X-PH [2]	X-PH
Zoning map amendment	Board of commissioners	X-PH [3]	X-PH [2]	X-PH
Conditional rezoning	Planning board		X-PH [2]	X-PH
Conditional rezoning	Board of commissioners	X-PH [3]	X-PH [2]	X-PH
Statutory zoning vested rights	Board of commissioners		X-PH [2]	X-QJ
[1] Mailed notice provided to affected owners and landowners abutting the subject lot between ten and 25 days before the hearing.
[2] Posted notice provided on site or adjacent street between ten and 25 days before the hearing.
[3] Published notice provided once a week for two successive calendar weeks, with the first notice between ten and 25 days before the hearing.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021; Ord. No. 2022-005, § 3, 9-14-2022)

Sec. 16-64. - Enforcement and penalties.

(a)

Enforcement mechanisms, remedies, and sanctions.

(1)

The zoning administrator may investigate violations, conduct site inspections at any time, exercise any and all powers enumerated in this chapter and other land development ordinances, issue decisions, orders, notices of violation, order a person liable to correct, remedy, abate, or remove violations, withhold pending development approvals on the property pending compliance, and order the posting of a bond in an amount determined in the zoning administrator's considered and informed discretion, in order to secure performance of the same. The building inspector shall be responsible for enforcement matters pertaining to the state building code.

(2)

Should the town incur expenses to correct, remedy, abate, or remove violations, then the zoning administrator may issue a written order to the person liable for the violations to pay within 30 days a specified sum reimbursing the town for its expenses. In the event the person liable fails to pay the sum as ordered, then the person liable shall be further liable for interest on all or any portion of same, to the extent allowed by law.

(3)

A person liable failing to comply with a written order regarding any violations is subject to civil monetary charges being imposed by the zoning administrator under section 1-6: enforcement of Code; not exclusive remedy; continuing, multiple and chronic violations of the General Code in an amount specified in table 1: charges for civil violations of Code in section 1-7: table of charges for civil violation of Code for violations of this article for each day of noncompliance with the terms of the order, which amounts are found by the town to be reasonably related to the town's actual administrative overhead in administering and otherwise enforcing this article.

(4)

In the event the person liable fails to pay any sums as ordered in subsections (2) and (3) of this section, the town may secure the obligation to pay the said sums by obtaining a lien on:

The land or premises where the situations or conditions exist; and

Any other real property that the person liable owns within the town's limits (except for the liable person's primary residence, unless it is the subject of the applicable violation);

And by enforcing such liens through available legal process, and collecting the same as unpaid taxes.

(5)

The town may seek recovery from person liable any sums as ordered in subsections (2) and (3) of this section through a civil action in the nature of debt.

(6)

No monies collected by the town as civil charges for violations are deemed to be charges for violations of criminal law for which payment is to be made to any other state government agency.

(7)

Without limitation of any other remedies afforded the town, and by any other applicable law, the town may at any time seek all injunctive, equitable, and monetary remedies of all types available in a court of competent jurisdiction, in order to enforce provisions, conditions, safeguards, requirements, monetary obligations and the like of this chapter and any approval issued thereunder, and to correct, remove, abate, or remedy any violations. The availability of any monetary remedy does not affect or restrict any equitable remedy available to the town.

(8)

Approvals that are the subject of violations may be revoked by the zoning administrator or building inspector pursuant to the procedures specified in this chapter. No person shall continue to use the land or premises in the manner authorized by any approval that has been revoked.

(9)

The town may exercise any one, all, or any combination of the foregoing enforcement mechanisms, remedies and sanctions and any other mechanisms, remedies and sanctions afforded the town elsewhere in this article and by any other law.

(10)

The absence of any approval does not limit the powers of the town to exercise the provisions of this chapter and land development ordinances with respect to violations or otherwise enforce this chapter.

(b)

Procedures regarding enforcement mechanisms, remedies and sanctions.

(1)

Should violations come to the attention of the town through its own investigation, or through a signed complaint form (supplied and made available by the town) on which the complainant provides its identity, contact information and facts constituting violations, then the zoning administrator shall send a written initial or final notice to the person liable as follows:

The notice shall indicate the nature of the violation, any ordinance or approval violated, whether the violation is a public nuisance, any warning or request to remedy the same, or any other finding of violation by the zoning administrator or building inspector.

An initial notice of violation may be issued by the zoning administrator to the person liable. A notice is not final nor subject to appeal unless explicitly indicated as such pursuant to subsection 16-64(b)(7). The initial notice shall specify the following:

The premises involved;

Actions required of the person liable to correct, remedy, abate, or remove the violations at the premises;

The time certain required to complete the ordered actions.

The initial notice of violation shall indicate actions the zoning administrator or building inspector may take in consequence of the violations, including:

Imposing a civil charge under section 1-6: enforcement of Code; not exclusive remedy; continuing, multiple and chronic violations of the General Code in the amount specified in table 1: charges for civil violations of Code in section 1-7: table of charges for civil violation of Code for each day of noncompliance with the terms of the order and recovering said charges together with any allowable interest;

Directing reimbursement of the town for expenses incurred in dealing with the violations by paying to the town a specified sum as determined by the town manager within a time certain, together with interest computed on all or any portion of the reimbursement sum not timely paid and recovery of the same;

Obtaining, imposing to the extent allowed by law, and enforcing a lien on the land or premises where the violation exists and on any other real property that the person liable owns within the town's limits (except for the liable person's primary residence, unless it is the subject of the applicable violation);

Seeking all injunctive, equitable, and monetary remedies of all types available in a court of competent jurisdiction;

Requesting the appropriate authority to revoke all or any part of any applicable approval;

Issuing any stop work order, conducting any inspection, withholding any development approval pending compliance; and

Any other enforcement mechanism, remedy, or sanction authorized by this article or any other applicable law.

(2)

Upon determining that a violation exists, the zoning administrator may take the following actions:

Issue the period of compliance as not less than 30 days after the issuance of the notice; should it be determined a second time within the next 12 months that a person liable is responsible for an order to the person liable to correct, remedy, abate or remove the violation, then the persons liable shall have only 15 days after written notice to comply. Such time may be extended by the zoning administrator if evidence of pursuit of compliance is provided by the persons liable. Such reasons may include scheduling of contractors to abate the violation or similar conflicts in which 30 days does not allow for compliance. In no case shall the person liable be granted an extension of more than 90 days.

Issue an order to pay a civil charge under subsection 1-6(g) of the General Code in the amount specified in table 1: charges for civil violations of Code in section 1-7: table of charges for civil violation of Code for each day of noncompliance with the terms of the order, which sum shall be fully paid within 30 days of such order. Should the sum not be timely paid, then the person liable shall further owe interest computed on all or any part to the extent allowed by law.

Prior to the expiration of the period of compliance of any notice of violation or order, the zoning administrator may meet with the person liable and upon hearing from the same, may:

Withdraw any notice of violation or order issued under this section;

Modify the notice of violation or order; or

Informally resolve the subject of the notice by reaching an agreement between the town and person liable;

Provided, however, that should the notice have issued in consequence of a written complaint under subsection (1), above, then the complainant shall be afforded the opportunity to attend all such meetings and be heard, and to participate in any agreement.

In the event the person liable within the period of compliance requests the town in writing to perform the matters ordered, then ordering cost of which shall be paid by the person liable, who shall also be subject to all other enforcement mechanisms, remedies and sanctions provided in this chapter as may be applicable.

In the event the matter is not resolved per subsection (2)c. of this section, and the person liable fails to comply with the zoning administrator's order by the time specified, then the zoning administrator or building inspector may enforce any performance bond, go upon the specified premises in the manner required by law, correct, remedy, abate, or remove the violation and incur expenses in connection with the same, and take any judicial action to recover sums owed or correct, remedy, abate or remove the violation through any judicial relief.

(3)

In the event the person liable fails to comply with any order to pay any sums or charges, the town may take all actions available under law to secure payment of same, including the obtaining, imposing to the extent allowed by law, and enforcing a lien on the land or premises where the violation exists and on any other real property that the person liable owns within the town's limits (except for the liable person's primary residence, unless it is the subject of the applicable situations and conditions), and the town may seek to recover the same by enforcing any means available through legal process securing the sums owed. In the event the person liable fails to correct, remedy, abate, or remove a violation as ordered by the zoning administrator, the town may invoke any judicial process to compel the same.

(4)

The zoning administrator in its considered and informed discretion may in an order impose any other requirements on the person liable for a specified period of time, for the purposes of remedying the violation.

(5)

In extreme exigent cases when, in the considered and informed discretion of the zoning administrator or building inspector, delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health or safety, the zoning administrator or building inspector may take actions whereby the town corrects, remedies, abates, or removes violations without a prior request or order for the person liable to perform said corrective actions. In the event the town seeks reimbursement from the person liable for the expenses associated with the corrective actions and to recover civil charges, the town shall issue a written order directing the person liable to reimburse the town within 30 days by paying the sum certain specified in the order as constituting the town's expenses in taking the said corrective actions and any civil charges. Such persons liable are further subject to other enforcement mechanisms, remedies and sanctions of this chapter as may be applicable.

(6)

When a particular property has been found at least three times in the previous calendar year to be in violation due to the same violation of the same ordinance and the same public nuisance as identified in the three prior notices, the zoning administrator may notify the owner of particular property of the same by certified mail (the provisions of subsection 16-64(c) notwithstanding) and the owner shall thereupon be deemed a chronic violator within the meaning of G.S. 160A-200.1. If in the calendar year following the three noticed violations, the particular property is found after the certified mail notice to be in violation due to the same violation of the same ordinance and the same public nuisance as identified in the three prior notices, the zoning administrator shall, without further notice in the calendar year in which notice is given, take action to remedy the violation, and the expenses of the actions of the town in connection with the same, any administrative overhead fee in the amount determined by the town manager, any civil charges, and all other sums owed in connection with the particular violation, to the extent allowed by law, become secured by a lien upon the property and collectable as unpaid taxes.

(7)

Additional written notices under this article may be sent at the zoning administrator's discretion. The final written notice to the person liable (and the initial written notice may be the final notice) shall state or include any order, state what actions the official intends to take if situations or conditions are not corrected or if the order is not followed, and advise that the person liable may appeal the same to the board of adjustment within 30 days of receipt of such notice.

(8)

Decisions and notices of the zoning administrator are to be sent to persons liable in accord with subsection 16-64(c).

(c)

Mode of notice of decision, violation, or order.

(1)

The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the town that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. The zoning administrator in its discretion may exercise all forms of notice, and any other additional means of notice. Should the liable person's address or whereabouts be unknown or notice by mail or hand delivery is not reasonably attainable, the zoning administrator may in his or her discretion arrange for notice to be posted at the premises that is the subject of the notice. The computation of time for the person liable to take any action in consequence of the written notice shall be in accordance with section 16-12.